Federal Register
Vol. 76, Issue 44
Monday, March 7, 2011
There are 3 announcements in this issue
1. ENERGY/Conservation - FR. DOE/Office of Energy Efficiency and Renewable Energy. Energy Conservation Program: Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment
2. WATER - NS. DOJ. Notice of Lodging of Consent Decree Under the Clean Water Act Re: United States, et al. v. Arch Coal, Inc., et al.
3. TOXICS - ND. DHHS/CDC. Request for Information: Update of NIOSH Nanotechnology Strategic Plan for Research and Guidance
CODES USED: THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.
REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES: AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT - Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
ANNOUNCEMENT 1
Subject: ENERGY/Conservation - FR. DOE/Office of Energy Efficiency and Renewable Energy. Energy Conservation Program: Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment
[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Rules and Regulations]
[Pages 12422-12505]
DEPARTMENT OF ENERGY
10 CFR Parts 429, 430 and 431
[Docket No. EERE-2010-BT-CE-0014]
RIN 1904-AC23
Energy Conservation Program: Certification, Compliance, and
Enforcement for Consumer Products and Commercial and Industrial
Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE or the ``Department'') is
adopting revisions to its existing certification, compliance, and
enforcement regulations for certain consumer products and commercial
and industrial equipment covered under the Energy Policy and
Conservation Act of 1975, as amended (EPCA or the ``Act''). These
regulations provide for sampling plans used in determining compliance
with existing standards, manufacturer submission of compliance
statements and certification reports to DOE, maintenance of compliance
records by manufacturers, and the availability of enforcement actions
for improper certification or noncompliance with an applicable
standard. Ultimately, the provisions being adopted in this final rule
will allow DOE to enforce systematically the applicable energy and
water conservation standards for covered products and covered equipment
and provide for more accurate, comprehensive information about the
energy and water use characteristics of products sold in the United
States.
DATES: Effective Dates: The amendments to Parts 429 (except Sec. Sec.
429.12 through 429.54), 430 (except Appendix A to Subpart B of Part 430
and Appendix B to Subpart B of Part 430), and 431 are effective April
6, 2011.
The amendments to Sec. Sec. 429.12 through 429.54 are effective
July 5, 2011.
The amendments to Appendix A to Subpart B of Part 430 and Appendix
B to Subpart B of Part 430 are effective November 28, 2011.
The incorporation by reference of the standards listed in this rule
is approved by the Director of the Federal Register as of April 6,
2011.
ADDRESSES: This rulemaking can be identified by docket number EERE-
2010-BT-CE-0014 and/or Regulatory Identification Number (RIN) 1904-
AC23.
Docket: For access to the docket to read background documents, or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Telephone: 202-586-6590. E-mail:
Ashley.Armstrong@ee.doe.gov; and Ms. Laura Barhydt, U.S. Department of
Energy, Office of the General Counsel, Forrestal Building, GC-32, 1000
Independence Avenue, SW., Washington, DC 20585. Telephone: 202-287-
6122. E-mail: Laura.Barhydt@hq.doe.gov.
[Rules and Regulations]
[Pages 12422-12505]
DEPARTMENT OF ENERGY
10 CFR Parts 429, 430 and 431
[Docket No. EERE-2010-BT-CE-0014]
RIN 1904-AC23
Energy Conservation Program: Certification, Compliance, and
Enforcement for Consumer Products and Commercial and Industrial
Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE or the ``Department'') is
adopting revisions to its existing certification, compliance, and
enforcement regulations for certain consumer products and commercial
and industrial equipment covered under the Energy Policy and
Conservation Act of 1975, as amended (EPCA or the ``Act''). These
regulations provide for sampling plans used in determining compliance
with existing standards, manufacturer submission of compliance
statements and certification reports to DOE, maintenance of compliance
records by manufacturers, and the availability of enforcement actions
for improper certification or noncompliance with an applicable
standard. Ultimately, the provisions being adopted in this final rule
will allow DOE to enforce systematically the applicable energy and
water conservation standards for covered products and covered equipment
and provide for more accurate, comprehensive information about the
energy and water use characteristics of products sold in the United
States.
DATES: Effective Dates: The amendments to Parts 429 (except Sec. Sec.
429.12 through 429.54), 430 (except Appendix A to Subpart B of Part 430
and Appendix B to Subpart B of Part 430), and 431 are effective April
6, 2011.
The amendments to Sec. Sec. 429.12 through 429.54 are effective
July 5, 2011.
The amendments to Appendix A to Subpart B of Part 430 and Appendix
B to Subpart B of Part 430 are effective November 28, 2011.
The incorporation by reference of the standards listed in this rule
is approved by the Director of the Federal Register as of April 6,
2011.
ADDRESSES: This rulemaking can be identified by docket number EERE-
2010-BT-CE-0014 and/or Regulatory Identification Number (RIN) 1904-
AC23.
Docket: For access to the docket to read background documents, or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Telephone: 202-586-6590. E-mail:
Ashley.Armstrong@ee.doe.gov; and Ms. Laura Barhydt, U.S. Department of
Energy, Office of the General Counsel, Forrestal Building, GC-32, 1000
Independence Avenue, SW., Washington, DC 20585. Telephone: 202-287-
6122. E-mail: Laura.Barhydt@hq.doe.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: WATER - NS. DOJ. Notice of Lodging of Consent Decree Under the Clean Water Act Re: United States, et al. v. Arch Coal, Inc., et al.
[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12369-12370]
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act
Notice is hereby given that on March 1, 2011, a proposed consent
decree in United States, et al. v. Arch Coal, Inc., et al., Civil
Action No. 2:11-cv-00133, was lodged with the United States District
Court for the Southern District of West Virginia.
The proposed Consent Decree will resolve claims alleged in this
action by the United States, the State of West Virginia, and the
Commonwealth of Kentucky against Arch Coal, Inc. and four of its
subsidiaries (collectively, ``Arch'') for the discharge of pollutants
into waters of the United States in violation of Section 301 of the
Act, 33 U.S.C. 1311, and in violation of the conditions and limitations
of National Pollutant Discharge Elimination System (``NPDES'') permits
issued by the States pursuant to Section 402 of the Act, 33 U.S.C.
1342, W. Va. Code Sec. 22-11-8, and Ky. Rev. Stat. Ann. Sec. 224.70-
120. Under the proposed Consent Decree, Defendants will perform
injunctive relief including: hiring a third-party consultant to develop
and implement a compliance management system, creating a database to
track information relevant to compliance efforts, conducting regular
internal and third-party environmental compliance audits, implementing
a system of tiered
response actions for any potential future violations, and conducting
annual training for all employees and contractors with environmental
responsibilities and/or responsibilities under the consent decree. In
addition, Arch will pay a civil penalty of $4 million.
The Department of Justice will accept comments relating to the
proposed consent decree for a period of thirty (30) days from the date
of publication of this notice. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and mailed either electronically to pubcomment-ees.enrd@usdoj.gov or in
hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC
20044-7611. Comments should refer to United States, et al. v. Arch
Coal, Inc., et al., Civil No. 2:11-cv-00133 (S.D.W.Va.) and D.J.
Reference No. 90-5-1-1-09476/1.
The proposed consent decree may be examined at: (1) The Office of
the United States Attorney for the Southern District of West Virginia,
P.O. Box 1713, Charleston, WV 25326; and (2) United States
Environmental Protection Agency (Region 3), 1650 Arch Street,
Philadelphia, PA 19103. During the comment period, the proposed consent
decree may also be examined on the following Department of Justice Web
site: http://www.justice.gov/enrd/Consent_Decrees.html.
A copy of the proposed consent decree may also be obtained by mail
from the Department of Justice Consent Decree Library, P.O. Box 7611,
Washington, DC. 20044-7611 or by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please refer to the referenced case and D.J.
Reference 90-5-1-1-09476/1, and enclose a check in the amount of $22.50
for the consent decree (90 pages at 25 cents per page reproduction
costs), made payable to the U.S. Treasury.
[Notices]
[Pages 12369-12370]
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act
Notice is hereby given that on March 1, 2011, a proposed consent
decree in United States, et al. v. Arch Coal, Inc., et al., Civil
Action No. 2:11-cv-00133, was lodged with the United States District
Court for the Southern District of West Virginia.
The proposed Consent Decree will resolve claims alleged in this
action by the United States, the State of West Virginia, and the
Commonwealth of Kentucky against Arch Coal, Inc. and four of its
subsidiaries (collectively, ``Arch'') for the discharge of pollutants
into waters of the United States in violation of Section 301 of the
Act, 33 U.S.C. 1311, and in violation of the conditions and limitations
of National Pollutant Discharge Elimination System (``NPDES'') permits
issued by the States pursuant to Section 402 of the Act, 33 U.S.C.
1342, W. Va. Code Sec. 22-11-8, and Ky. Rev. Stat. Ann. Sec. 224.70-
120. Under the proposed Consent Decree, Defendants will perform
injunctive relief including: hiring a third-party consultant to develop
and implement a compliance management system, creating a database to
track information relevant to compliance efforts, conducting regular
internal and third-party environmental compliance audits, implementing
a system of tiered
response actions for any potential future violations, and conducting
annual training for all employees and contractors with environmental
responsibilities and/or responsibilities under the consent decree. In
addition, Arch will pay a civil penalty of $4 million.
The Department of Justice will accept comments relating to the
proposed consent decree for a period of thirty (30) days from the date
of publication of this notice. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and mailed either electronically to pubcomment-ees.enrd@usdoj.gov or in
hard copy to P.O. Box 7611, U.S. Department of Justice, Washington, DC
20044-7611. Comments should refer to United States, et al. v. Arch
Coal, Inc., et al., Civil No. 2:11-cv-00133 (S.D.W.Va.) and D.J.
Reference No. 90-5-1-1-09476/1.
The proposed consent decree may be examined at: (1) The Office of
the United States Attorney for the Southern District of West Virginia,
P.O. Box 1713, Charleston, WV 25326; and (2) United States
Environmental Protection Agency (Region 3), 1650 Arch Street,
Philadelphia, PA 19103. During the comment period, the proposed consent
decree may also be examined on the following Department of Justice Web
site: http://www.justice.gov/enrd/Consent_Decrees.html.
A copy of the proposed consent decree may also be obtained by mail
from the Department of Justice Consent Decree Library, P.O. Box 7611,
Washington, DC. 20044-7611 or by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please refer to the referenced case and D.J.
Reference 90-5-1-1-09476/1, and enclose a check in the amount of $22.50
for the consent decree (90 pages at 25 cents per page reproduction
costs), made payable to the U.S. Treasury.
ANNOUNCEMENT 3
Subject: TOXICS - ND. DHHS/CDC. Request for Information: Update of NIOSH Nanotechnology Strategic Plan for Research and Guidance
[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12361-12362]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
[Docket Number NIOSH 134-A]
Request for Information: Update of NIOSH Nanotechnology Strategic
Plan for Research and Guidance
AGENCY: National Institute for Occupational Safety and Health (NIOSH)
of the Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice of public comment period.
-----------------------------------------------------------------------
SUMMARY: National Institute for Occupational Safety and Health (NIOSH)
of the Centers for Disease Control and Prevention (CDC) seeks comment
on the types of hazard identification and risk management research that
should be considered for updating the NIOSH 2009 nanotechnology
strategic plan.
Public Comment Period: Comments must be received by April 15, 2011.
ADDRESSES: Written comments, identified by docket number NIOSH 134-A,
may be submitted by any of the following ways:
Mail: NIOSH Docket Office, Robert A. Taft Laboratories,
MS-C-34, 4676 Columbia Parkway, Cincinnati, Ohio 45226.
Facsimile: (513) 533-8285.
E-mail: nioshdocket@cdc.gov.
All information received in response to this notice will be
available for public examination and copying at the NIOSH Docket
Office, 4676 Columbia Parkway, Room 109, Cincinnati, Ohio 45226. A
complete electronic docket containing all comments submitted will be
available thirty days after the public comment period on the NIOSH Web
page at http://www.cdc.gov/niosh/docket, and comments will be available
in writing by request. NIOSH includes all comments received without
change in the docket, including any personal information provided. All
electronic comments should be formatted as Microsoft Word. Please make
reference to docket number NIOSH 134-A.
Background: Since 2004, the National Institute for Occupational
Safety and Health (NIOSH) of the Centers for Disease Control and
Prevention (CDC) has pioneered research on the toxicological properties
and characteristics of nanoparticles. This research has involved
characterizing occupationally relevant nanoparticles for predicting
whether these particles pose a risk of adverse health effects and for
providing guidance on controlling workplace exposures. In September
2005, NIOSH developed a strategic plan to further guide the Institute
in identifying and prioritizing nanotechnology research. In 2009 this
strategic plan [http://www.cdc.gov/niosh/topics/nanotech/strat_plan.html] was updated based on knowledge gained from results of
ongoing NIOSH research [see Progress Toward Safe Nanotechnology in the
Workplace; A Report from the NIOSH Nanotechnology Research Center
http://www.cdc.gov/niosh/docs/2007-123/] and from stakeholder input.
NIOSH would like to build on the accomplishments of ongoing
research [see http://www.cdc.gov/niosh/docs/2010-104/] to develop
strategic research goals and objectives through 2015. NIOSH has
identified 10 critical research areas for nanotechnology research and
communication. These 10 critical research areas are (1) toxicity and
internal dose, (2) measurement methods, (3) exposure assessment, (4)
epidemiology and surveillance, (5) risk assessment, (6) engineering
controls and personal protective equipment (PPE), (7) fire and
explosion safety, (8) recommendations and guidance, (9) communication
and information, and (10) applications.
NIOSH is considering focusing the overarching strategic research
goals for these critical areas on 5 key goals: (1) Provide guidance to
protect workers, (2) alert workers, employers, governments, and the
public about possible new hazards, (3) assess the hazards of
nanomaterials and the risks to workers, (4) help workers by assessing
and implementing exposure registries, and (5) assess the level of
protection practiced in US workplaces.
NIOSH requests comment on how research in these 10 critical areas
and the 5 overarching goals can be enhanced. Examples of requested
information include, but are not limited to:
(1) The need for toxicity evaluation and/or workplace exposure
characterization of engineered nanoparticles not currently being
studied*.
(2) Development of technical and educational guidance materials*.
(3) Development of additional partnerships and collaborations*.
(4) Research in the development of risk management strategies
(e.g., exposure assessment, engineering controls)*.
Note: * provide rationale for recommendations.
FOR FURTHER INFORMATION CONTACT: Charles L. Geraci, NIOSH, Robert A.
Taft Laboratories, MS-C32, 4676 Columbia Parkway, Cincinnati, Ohio
45226, telephone (513) 533-8339.
[Notices]
[Pages 12361-12362]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
[Docket Number NIOSH 134-A]
Request for Information: Update of NIOSH Nanotechnology Strategic
Plan for Research and Guidance
AGENCY: National Institute for Occupational Safety and Health (NIOSH)
of the Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice of public comment period.
-----------------------------------------------------------------------
SUMMARY: National Institute for Occupational Safety and Health (NIOSH)
of the Centers for Disease Control and Prevention (CDC) seeks comment
on the types of hazard identification and risk management research that
should be considered for updating the NIOSH 2009 nanotechnology
strategic plan.
Public Comment Period: Comments must be received by April 15, 2011.
ADDRESSES: Written comments, identified by docket number NIOSH 134-A,
may be submitted by any of the following ways:
MS-C-34, 4676 Columbia Parkway, Cincinnati, Ohio 45226.
All information received in response to this notice will be
available for public examination and copying at the NIOSH Docket
Office, 4676 Columbia Parkway, Room 109, Cincinnati, Ohio 45226. A
complete electronic docket containing all comments submitted will be
available thirty days after the public comment period on the NIOSH Web
page at http://www.cdc.gov/niosh/docket, and comments will be available
in writing by request. NIOSH includes all comments received without
change in the docket, including any personal information provided. All
electronic comments should be formatted as Microsoft Word. Please make
reference to docket number NIOSH 134-A.
Background: Since 2004, the National Institute for Occupational
Safety and Health (NIOSH) of the Centers for Disease Control and
Prevention (CDC) has pioneered research on the toxicological properties
and characteristics of nanoparticles. This research has involved
characterizing occupationally relevant nanoparticles for predicting
whether these particles pose a risk of adverse health effects and for
providing guidance on controlling workplace exposures. In September
2005, NIOSH developed a strategic plan to further guide the Institute
in identifying and prioritizing nanotechnology research. In 2009 this
strategic plan [http://www.cdc.gov/niosh/topics/nanotech/strat_plan.html] was updated based on knowledge gained from results of
ongoing NIOSH research [see Progress Toward Safe Nanotechnology in the
Workplace; A Report from the NIOSH Nanotechnology Research Center
http://www.cdc.gov/niosh/docs/2007-123/] and from stakeholder input.
NIOSH would like to build on the accomplishments of ongoing
research [see http://www.cdc.gov/niosh/docs/2010-104/] to develop
strategic research goals and objectives through 2015. NIOSH has
identified 10 critical research areas for nanotechnology research and
communication. These 10 critical research areas are (1) toxicity and
internal dose, (2) measurement methods, (3) exposure assessment, (4)
epidemiology and surveillance, (5) risk assessment, (6) engineering
controls and personal protective equipment (PPE), (7) fire and
explosion safety, (8) recommendations and guidance, (9) communication
and information, and (10) applications.
NIOSH is considering focusing the overarching strategic research
goals for these critical areas on 5 key goals: (1) Provide guidance to
protect workers, (2) alert workers, employers, governments, and the
public about possible new hazards, (3) assess the hazards of
nanomaterials and the risks to workers, (4) help workers by assessing
and implementing exposure registries, and (5) assess the level of
protection practiced in US workplaces.
NIOSH requests comment on how research in these 10 critical areas
and the 5 overarching goals can be enhanced. Examples of requested
information include, but are not limited to:
(1) The need for toxicity evaluation and/or workplace exposure
characterization of engineered nanoparticles not currently being
studied*.
(2) Development of technical and educational guidance materials*.
(3) Development of additional partnerships and collaborations*.
(4) Research in the development of risk management strategies
(e.g., exposure assessment, engineering controls)*.
Note: * provide rationale for recommendations.
FOR FURTHER INFORMATION CONTACT: Charles L. Geraci, NIOSH, Robert A.
Taft Laboratories, MS-C32, 4676 Columbia Parkway, Cincinnati, Ohio
45226, telephone (513) 533-8339.
